ORDER : Ajithkumar, J. Should an appeal under Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908, be heard by a Single Bench or a Division Bench? 2. We thought that the question had a quietus with the decision of this Court in Thaha v. Sumina [ 2012 (1) KLT 39 ]. But, the learned counsel appearing for the appellant raked up it by contending that this appeal, which was filed under Order XLIII, Rule 1(j) of the Code is one covered by Section 3(13)(b) of the Kerala High Courts Act, 1958, and therefore, liable to be heard by a Single Bench. 3. Heard the learned Counsel appearing for the appellant and also the learned Counsel appearing for the respondent. 4. The substantive provision creating the right to appeal from orders is Section 104 of the Code. Section 104 reads,- “104. Orders from which appeal lies.- (1) An appeal shall lie from the following Orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other Orders:- x x x (ff) an Order under Section 35A; (ffa) an Order under section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section 92, as the case may be; (g) an Order under Section 95; (h) an Order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i) any Order made under rules from which an appeal is expressly allowed by rules: Provided that no appeal shall lie against any Order specified in clause (ff) save on the ground that no Order, or an Order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any Order passed in appeal under this section.” 5. The appeals provided in clauses (ff) to (h) in subsection (1) of Section 104 are from orders issued under various sections of the Code. Clause (i) of sub-section (1) of Section 104 covers appeals from orders passed under various Rules of different Orders in the first schedule to the Code which are enumerated in Order XLIII Rule 1 of the Code. 6. Clause (i) of sub-section (1) of Section 104 covers appeals from orders passed under various Rules of different Orders in the first schedule to the Code which are enumerated in Order XLIII Rule 1 of the Code. 6. While right to appeal from various orders is created by virtue of the aforesaid provisions in the Code, the forum is prescribed by the provisions of the Kerala Civil Courts Act, 1957. Precisely, Section 13 of the Civil Courts Act says that all appeals from orders where the amount or value of the subject matter of the suit does not exceed twenty lakh rupees shall lie to the District Court. Meaning thereby, all appeals where value of the subject matter of the suit exceeds Rs.20 lakhs shall lie only to the High Court. 7. It is Section 3 of the High Court Act that describes the powers of a Single Judge. Section 3(13) is the provision concerning appeals. Clauses (b) and (d) govern the appeals from decrees and orders, which read as follows: “3. Powers of Single Judge.- xx xx (13) An appeal.- (a) xx xx (b) from an original decree or order in any suit or other proceeding, where the amount or value of the subject matter of the suit or other proceeding does not exceed forty lakh rupees; xx (d) from an order under Section 104 of the Code of Civil Procedure, 1908, except an order of the kind mentioned in Clause (h) of sub-section (1) of the said section or in Clauses (c), (d) or (j) of Rule 1 of Order XLIII of the First Schedule to the said Code;” 8. An order passed by the Sub Judge, Attingal, in an application filed under the provisions of Order XXI, Rule 90 of the Code is under challenge in this appeal. Such an order is appealable under Order XLIII, Rule 1(j) of the Code. 9. The learned counsel appearing for the appellant would submit that this appeal comes in clause (b) of Subsection (13) of Section 3 of the High Court Act and as the value of the subject matter of the suit in which the impugned order was passed is below Rs.40 lakhs, the appeal shall be heard only by a Single Judge. 10. Registry submitted a note in this regard. 10. Registry submitted a note in this regard. Registry submits that an appeal under Order XLIII, Rule 1(j) of the Code is one covered by clause (d) of sub-section (13) of Section 3 of the High Court Act, and therefore, it is liable to be heard by the Division Bench. 11. The learned counsel appearing for the appellant also submitted that clause (d) of sub-section (13) of Section 3 of the High Court Act covers the orders passed by the subordinate courts in appeals and not the orders passed in suits. We are afraid, clause (d) of sub-section (13) of Section 3 of the High Court Act can yield such an interpretation. Clause (d) expressly covers the orders under Section 104 of the Code which take in its fold all orders enumerated under Rule 1 of Order XLIII. When sub-section (2) of Section 104 of the Code says that no appeal shall lie from any order passed in appeal under this section, there is no scope for a doubt. It certainly means that clause (d) of sub-section (13) of Section 3 of the High Court Act covers the orders passed by the subordinate courts in suits alone and not the orders passed in appeals. 12. As pointed out above, two categories of orders are amenable to appeal under Section 104 of the Code. The first category is covered by clauses (ff) to (h) of sub-section (1) of that section which are various orders rendered as per different Sections in the Code. The second category is the orders mentioned in clause (i), which are orders issued under various Rules in different Orders in the Code. Both those categories of appealable orders, irrespective of the amount or value of the subject matter of the suit or proceedings, are covered by clause (d) of sub-section (13) of Section 3 of the High Court Act, subject to a few exceptions. Such exceptions are the orders mentioned in clause (h) of sub-section (1) of Section 104 and the orders mentioned in clauses (c), (d) and (j) of Rule 1 of Order XLIII. A literal interpretation of clause (d) of sub-section (13) of Section 3 of the High Court Act yields such a meaning only. Such exceptions are the orders mentioned in clause (h) of sub-section (1) of Section 104 and the orders mentioned in clauses (c), (d) and (j) of Rule 1 of Order XLIII. A literal interpretation of clause (d) of sub-section (13) of Section 3 of the High Court Act yields such a meaning only. Therefore, the orders which are mentioned in clause (h) of sub-section (1) of Section 104 and clauses (c), (d) and (j) of Rule 1 of Order XLIII of the Code shall, irrespective of the amount or value of the subject matter of the suit or proceedings in which such order is passed, be heard only by a Division Bench. All other orders which are mentioned sub-section (1) of Section 104 and in Rule 1 of Order XLIII of the Code shall, irrespective of the amount or value of the subject matter of the suit of proceedings in which such order is passed, be heard only by a Single Bench. 13. This Court in Thaha (supra) considered the question, whether an appeal filed against an order passed under clause (d) of Rule 1 of Order XLIII of the Code should be heard by a Single Bench or a Division Bench. This Court after analysing the provisions of Section 3 of the High Court Act held that “Section 3(13)(b) of the High Court Act should be read in harmony with Section 3(13)(d). Under Section 3(13)(d), a Single Judge is to hear the appeal from an order under Section 104 of the Code except for certain orders which are mentioned. The excepted categories of orders passed include an order under clause (d) of Rule 1, Order XLIII of the Code. Order XLIII, Rule 1(d) provides for an appeal against an order rejecting an application to set aside an ex parte decree passed under Rule 13 of Order IX of the Code. The Court accordingly held that an order passed under clause (d) of Order XLIII shall be heard only by a Division Bench. It was further explained that if an order is passed under clause (d) of Order XLIII of the Code, then, even if the amount or value of the subject matter of the suit or proceedings is below Rs.1,00,000/- (now Rs. 40 lakhs), it can be heard only by the Division Bench. 14. It was further explained that if an order is passed under clause (d) of Order XLIII of the Code, then, even if the amount or value of the subject matter of the suit or proceedings is below Rs.1,00,000/- (now Rs. 40 lakhs), it can be heard only by the Division Bench. 14. This Court in the order dated 13.10.2010 in F.A.O.No.218 of 2010 [P.K.Haridasan v. Komath Vazhayil Karunakaran & others], considered the question whether an appeal under Order XLIII, Rule 1(u) of the Code should be heard by a Single Bench or a Division Bench. There the question was with reference to the value of the subject matter of the suit. While considering the said question, this Court drew the difference between clauses (b) and (d) of subsection (13) of Section 3 of the High Court Act. It was held that going by Section 3(13)(d), except in cases mentioned therein, an appeal lies to a Single Judge. That view fortifies that the orders of the kind mentioned in Section 104(1)(h) and Order XLIII, Rule 1 (c), (d) and (j) fall within the prohibition of Section 3(13)(d) of the High Court Act and those orders can be heard only by a Division Bench. What follows is that an appeal filed under Order XLIII, Rule 1(j) of the Code is liable to be heard by a Division Bench. 15. To sum up, 1. All appeals mentioned in Section 104 of the Code are governed by Section 3(13)(d) of the Kerala High Court Act 2. Amount or value of the subject matter of the suit or proceedings in which the impugned order passed is not a criterion for deciding, whether an appeal mentioned in Section 104 of the Code should be heard by a Single Bench or a Division Bench. 3. Appeals from orders under Section 104 of the Code shall be heard by a Single Bench, except the orders of the kind mentioned in the following provisions of the Code, namely,- 1) Section 104(h); 2) Order XLIII, Rule 1(c); 3) Order XLIII, Rule 1(d); and 4) Order XLIII, Rule 1(j). We hand down the rule accordingly. This appeal shall be heard by the Division Bench.